(II) THE STATE'S ATTORNEY SHALL BE A PARTY TO THE

(3) AFTER A HEARING, THE COURT MAY EITHER GRANT OR DENY THE
RELIEF REQUESTED IN THE PETITION.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 31B, § 11(b)(2) through (6) and (c) through (e).

In subsections (c)(l)(iii) and (2)(i), and (f)(1) and (2)(i) of this section, the
references to "individual" and "individual's", respectively, are substituted
for the former references to "person" and "person's", respectively, because
only a human being, and not the other entities included in the defined
term "person", can be paroled. See § 1-101 of this article for the definition
of "person".

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that the requirement in subsection
(d)(2) of this section that the Board of Review establish regulations
governing the manner in which a victim shall present oral testimony at a
parole hearing is inconsistent with § 4-208 of this title, which requires the
Secretary to adopt regulations to carry out this title, including regulations
that govern parole from the Patuxent Institution. The General Assembly
may wish to clarify whether the Secretary or the Board of Review has
responsibility for adopting regulations governing the manner in which a
victim shall present oral testimony at a parole hearing.

In subsection (f)(2) of this section, the reference to the "Director" is added
to state expressly that which was only implied in the former law, i.e., the
Director is responsible for serving notice of the petition.

Defined terms: "Board of Review" § 4-101
"Director" § 4-101
"Eligible person" § 4-101
"Inmate" § 1-101
"Institution" § 4-101
"Secretary" § 1-101
' "Victim" § 4-101

4-306. TRANSFERS BY BOARD OF REVIEW.

(A) IN GENERAL.

AFTER TRANSFER OF AN INMATE TO THE INSTITUTION FOR TREATMENT AS AN
ELIGIBLE PERSON BUT BEFORE THE INMATE'S SENTENCE EXPIRES, ON REVIEW OF
THE INMATE, THE BOARD OF REVIEW MAY TAKE ANY OF THE ACTIONS SPECIFIED IN
SUBSECTION (B) OF THIS SECTION.

(B) OPTIONAL RETURN TO DIVISION OF CORRECTION.